The Indiana Tort Claims Act establishes certain parameters to determine liability for negligent acts or omissions on the part of government employees and grants substantial immunity for conduct that falls within the scope of the employee’s employment.
Shabazz v. State, No. 25S-CR-183, __ N.E.3d __ (Ind., Feb. 23, 2026).
To show good cause under Interim Rule 14(C) for remote testimony in a criminal trial, the State must present case-specific evidence that allowing a particular witness to testify remotely is necessary to prevent a concrete and substantial harm that would otherwise likely occur and that could not be adequately addressed if the witness were to testify in person.
Wilson v. State, No. 25A-CR-1542, __ N.E.3d __ (Ind. Ct. App., Feb. 16, 2026).
There must be additional indicia of erratic driving or unusual driving behavior before a reasonable suspicion arises that a motorist who is merely making jerky body movements is driving under the influence of drugs or alcohol.
Ewing v. State, No. 26S-CR-43, __ N.E.3d __ (Ind., Feb. 12, 2026).
A prosecutor cannot seek a sanction for violating the rules of work release or probation that is different than the sanction sought in the revocation petition(s) that is (are) the subject of a final revocation hearing.
Pratcher v. State, No. 25A-CR-1656, __ N.E.3d __ (Ind., Feb. 11, 2026)(published order denying transfer).
When a defendant signs a plea agreement that leaves sentencing discretion to the trial court and contains a waiver of the right to appeal the sentence, the court should:
1. Explain that the defendant would ordinarily have the right to appeal their sentence, but the plea agreement contains a waiver limiting that right.
2. Read the appeal-waiver provision to the defendant.
3. Explain that the provision waives the defendant’s right to appeal the sentence to be imposed, except for:
• any issue that falls outside the scope of the waiver;
• a sentence that violates the plea agreement; or
• a sentence that is illegal because it falls outside the prescribed statutory range or is unconstitutional.
4. Confirm the defendant understands the consequences of the appeal-waiver provision before accepting the guilty plea.